Fraser Coast council backtracks on jumping castle ban after tragedy

A Queensland council has backtracked on its decision to ban jumping castles on public land in the wake of a tragedy that claimed the lives of six children in Tasmania last year. But the concession may not be permanent.

The jumping castle disaster that claimed the lives of six children in Tasmania at the end of last year almost resulted in a temporary ban on the use of the inflatable devices on the Fraser Coast, with concerns raised within council regarding public liability in the event of a similar tragedy.

But, council officers changed this decision during the week, allowing compliant operators to continue doing business at public events in the interim period until new permits could be issued.

Councillor Paul Truscott confirmed to the Chronicle that he became aware the Fraser Coast Regional Council had made a decision not to allow jumping castle on council property.

“This reaction has come about as a result of the tragic accident in Tasmania last year,” he said.

“I understand the Tasmanian incident is still waiting on a coroner’s report to determine the findings.”

Six children, aged between 11 and 12 years old, died of injuries sustained in an incident at the Hillcrest Primary School in Devonport, Tasmania, when a jumping castle and several zorb balls where hurled into the air by a gust of wind.”

Cr Truscott said the council had sought legal advice regarding public liability in the event of a similar tragedy.

“I can understand that this reaction is to protect council, and by association the ratepayers of the region, from any liability. The risk of this type of incident happening is very low, however if it did, the outcome is catastrophic.”

The matter is currently being investigated by staff and awaiting further clarification from lawyers.

“This information will be provided to the council’s meeting on May 25 to update council and provide an outcome and an agreed position to go forward with revised permit conditions,” Cr Truscott said

Initially, business owners on the Fraser Coast were told they would not be able to operate on council land in the interim period until they were issued with revised permits, a move one operator told the Chronicle could cost him thousands, as their jumping castles were used in events on council land 90 per cent of the time rather than at private events.

A letter sent to one operator, sighted by the Chronicle, was addressed from the council’s director of development and community Gerard Carlyon, advising that the council had received legal advice that no new permits should be issued until the permit conditions were updated.

In the letter, Mr Carlyon said the council was working with its legal team to complete the project as quickly as possible.

Cr Truscott said council officers had now amended the decision and in the interim operators would be allowed to continue to deploy jumping castles and other similar devices if they confirmed in writing, in addition to any other event permit requirements, that they are compliant with all WorkSafe Qld and other regulatory agency requirements, as well as operating in line with all manufacturer‘s requirements.

“I personally believe this is a fair solution to allow the operators to continue doing what they do – which is providing a fun environment for kids to be outside and having a blast,” Cr Truscott said.

“I spent stacks of time on jumping castles as a kid and even though the world is changing every day to be more politically correct and covering everything in cotton wool, we shouldn’t be taking away this fun from kids – knowing that the operators are providing a safe environment to do so.”

A spokesman from the Fraser Coast regional Council said there was no current ban on jumping castles.

“Following a tragic incident in Tasmania in December 2021, WorkSafe Queensland issued a Safety Alert which included conditions for operating inflatable devices,” he said.

“As a result, council is reviewing conditions it applies to permits to operate class 2 inflatable devices on council-controlled land and is updating its permits to include changes recommended by WorkSafe Queensland.

“The new permits have been reviewed by lawyers who specialise in workplace health and safety matters.

“It is anticipated that the new permits will be presented to the May council meeting for approval.

“In the interim, council will allow event applicants to continue to deploy jumping castles and other similar devices on council-controlled land if they confirm in writing that they comply with all regulatory and manufacturer requirements.”